International Journal of Advanced Multidisciplinary Research and Studies
Volume 5, Issue 2, 2025
Progressive Law Enforcement in the Fulfilment of Alimony Post Divorce
Author(s): Zihan Fahira, Iman Jauhari, Muazzin
Abstract:
The implementation of progressive legislation in divorce proceedings, especially with the execution of post-divorce spousal support, necessitates careful consideration. The Banda Aceh Syariah Court employs a progressive legal method to deliver substantive justice to the interested parties. The implementation of progressive law necessitates that judges not only comply with normative regulations but also take into account the social and economic circumstances of the parties concerned. The research methodology employed in the formulation of this study is the Empirical Juridical research method. This research aims to elucidate the application of progressive law enforcement for spousal maintenance in divorce litigation. The research findings indicate that the implementation of progressive law enforcement for spousal maintenance in divorce proceedings prioritizes substantive justice by taking into account the social and economic circumstances of the parties involved. Judges are not solely focused on formal rules, such as Article 41 letter c of Law Number 1 of 1974, but also consult instruments like SEMA Number 2 of 2019 and Perma Number 3 of 2017 to expand the interpretation of the law.
Keywords: Progressive Law, Alimony Fulfilment, Divorce
Pages: 1048-1051
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